Page No.# 1/4 GAHC010240942024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Linked Case : WP(C)/5237/2024 GOLAM HUSSAIN LASKAR AND ANR S/O- LATE AHMED ALI LASKAR VILL- RONGPUR PT. II P.O.- RONGPUR P.S.- SILCHAR DIST.- CACHAR ASSAM PIN- 788009. 2: ABDUL SUKKUR LASKAR S/O- LATE MOSOROF ALI LASKAR VILL- RONGPUR PT. II P.O.- RONGPUR P.S.- SILCHAR DIST.- CACHAR ASSAM PIN- 788009. VERSUS THE UNION OF INDIA AND 4 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF ROAD TRANSPORT AND HIGHWAYS TRANSPORT BHAWAN 1 PARLIAMENT STREET NEW DELHI- 110001. 2:THE STATE OF ASSAM REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF Page No.# 2/4 ASSAM DEPARTMENT OF REVENUE DISPUR GUWAHATI-6. 3:THE DISTRICT COMMISSIONER CACHAR SILCHAR PIN- 788001. 4:THE LAND ACQUISITION OFFICER CUM ADDL. DISTRICT COMMISSIONER CACHAR SILCHAR PIN- 788001. 5:THE NATIONAL HIGHWAY AUTHORITY OF INDIA G-5 AND 6 SECTOR-10 DWARKA NEW DELHI- 110075. 6:THE CHAIRMAN NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT LTD. (NHIDCL) 3RD FLOOR PTI BUILDING 4 PARLIAMENT STREET NEW DELHI- 01. 7:THE GENERAL MANAGER (P) PMU/SILCHAR NATIONAL HIGHWAYS AND INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED (NHIDCL) PASKER LANE SONAI ROAD KANANKPUR pt.I SILCHAR-788006. ------------ Advocate for : MR. N H BARBHUIYA Advocate for : DY.S.G.I. appearing for THE UNION OF INDIA AND 4 ORS BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 31-07-2025 Heard Shri N. H. Barbhuiya, learned counsel for the petitioners. Also heard Shri S. S. Roy, learned CGC for respondent no. 1, Ms. G. Hazarika, learned Page No.# 3/4 Standing Counsel, Revenue Department for respondent no. 2, Shri J. Handique, learned Govt. Advocate for respondent no. 3 & 4 and Shri R. Boro, learned counsel for the respondent nos. 5, 6 & 7. Considering the facts and circumstances and as agreed to by the learned counsel for the parties, the present writ petition is taken up for disposal at the admission stage itself. The petitioners, who are 2 in numbers claim to be the registered pattadar of a plot of land measuring 12 katha 2 chataks under Dag Nos. 15 & 16 of 2nd R. S. patta No. 7 of Revenue village Rongpur Pt. II pargona Barakpar in the District of Cachar. It is claimed that the aforesaid land was purchased by the petitioner by a registered sale deed dated 27.04.1988 and since the date of the purchase they are in possession in the land. The petitioners had made construction over the said plot of land by following the norms. However, the land along with the residential building came under the acquisition process for expanding of the adjoining National Highway under the Bharat Mala Project and in this connection, notification was published in the local daily newspaper “Dainik Jugasankha”. Though the compensation amount was determined and sanctioned in the names of the petitioners, the same was not disbursed. Shri Barbhuiya, the learned counsel has submitted that such compensation is a legal entitlement and in this regard, he has also relied upon the judgment of the Hon’ble Supreme Court in the case of New Okhla Industrial Development Authority Vs Harnad Singh (Deceased) through LRs and Ors. reported in (2024) 7 SCR 443. The learned counsel for the petitioners have however informed this Court that as per instructions received on 07.01.2025, the designated authority i.e. Page No.# 4/4 the CALA had issued a communication, as per which 50% of the compensation has been deposited in the Civil Court, Judge Senior Division, No. 1, Cachar in connection Title Suit/107/2024 and the rest of 50% have been paid to the petitioners. He accordingly submits that appropriate directions may be issued with an observation that the petitioners can approach the said Civil Court and also on the aspect of filing an application for enhancement of the compensation. Shri Barbhuiya, the learned counsel has submitted that so far as the claim for Zirat is concerned, there is no grievance as such. The learned counsel for the respondents have submitted that as per the National Highways Act, 1956, there are appropriate provisions for seeking enhancement and in this regard, reliance has been put on Section 3G (5) of the said Act. After considering the rival submission, the instant writ petition is disposed of by giving liberty to the petitioners to approach the appropriate Civil Court in the pending TS and further to file appropriate application for enhancement of land compensation under the provision of law aforesaid, if so advised. It is needless to state that if such an application is filed, the same is required to be considered strictly in accordance with law. Writ petition stands disposed of. JUDGE Comparing Assistant